ORD 16-12City of
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An Ordinance Repealing Chapter 30, article III, Divisions I, 1A, 2, and 3 and
Replacing it with a New Ordinance Regarding Residential Rental Property
Standards, and moving Chapter 30, Article III, Divisions 4 and 5 to Chapter 30,
Article II as Divisions 3 and 4, respectively, the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. The language and content of the current Chapter 30, Article III, Divisions 1, 1A, 2,
and 3, of the Elk River City Code is hereby repealed in its entirely and a new ordinance, 16-,12
titled, Residential Rental Property Standards, shall be enacted as follows:
CHAPTER 30 - LAND DEVELOPMENT REGULATION
ARTICLE III - RESIDENTIAL RENTAL PROPERTY STANDARDS
DIVISION 1. — GENERALLY
See. 30-151. - Purpose and Intent.
(a) Purpose. The operation of residential rental properties is a business enterprise that gives
rise to certain responsibilities. Operators are responsible to take reasonable steps, as
may be necessary, to assure that the citizens of the City who occupy such units, and
those residing near such units, may pursue the quiet enjoyment of the normal activities
of life in surroundings that are:
(1) Safe, secure and sanitary;
(2) Free from crimes and criminal activity, noise, nuisances or annoyances; and
(3) Free from reasonable fears about safety of persons and security of
property.
Further, it is the intent of this Article to regulate and provide for the inspections of
Rental Dwellings to assure that such housing does not become a nuisance or blight to
the neighborhood and does not create a disincentive to investment in the community.
See. 30-152. - Scope of Article.
(a) Generally. The provisions of this Article shall apply to all buildings or portions thereof
used, or designed, or intended to be used, for residential rental purposes.
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(b) Combination apartment bouse-hotels. Where any building or portion thereof is used or
intended to be used as a combination apartment house -hotel, the provisions of this
Article shall apply to the separate portions as if they were separate buildings.
(c) Roominghouses and lodginghouses. Every roominghouse or lodginghouse shall comply with all
the requirements of this Article for Rental Dwellings.
(d) Additions, alterations or repairs: For additions, alterations, or repairs, see the building code.
(e) Relocation of buildings. Buildings or structures moved into or within the City shall comply
with the requirements in this Code and the building code for new buildings and
structures.
(fj Continuation of ex --sling use. Rental Dwellings in existence at the time of adoption of the
ordinance from which this Article is derived may have their existing use or occupancy
continued if such use or occupancy was legal at the time of adoption of the ordinance
from which this Article is derived, provided such continued use complies with and is
subject to the terms of this Article.
Sec. 30-153. - Definitions.
The following definitions, and those contained in Section 30-1, will be used in interpreting and
enforcing this Article.
Agent. A person designated by the Owner of a Rental Dwelling to act on behalf of the
Owner.
Ciiy. The City of Elk River, Minnesota.
Disorderly conduct. Disorderly Conduct shall be as defined by Minnesota Statutes, Section
609.72 (Disorderly Conduct) as amended.
Major_ fe/Safety Issues. Hazardous conditions that, in the judgment of the Fire Chief or
other code enforcement official, pose an imminent risk to the life and safety of Tenants and
other occupants.
Nuisance ,all Any instance where law enforcement officers are called to a property in
response to a valid complaint related to a violation of State or local laws or Ordinances.
Tenant. Any person, excluding the Owner or Operator, living in a Rental Dwelling.
Valid complaint. A violation that is visible at the time of inspection or proven by credible,
substantial evidence to the satisfaction of the City.
Wherever the terms "dwelling," "dwelling unit," "premises," and "structure," are used in this Article,
they shall be construed as though they were followed by the words "or any part thereof"'.
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DIVISION 1A. - INTERNATIONAL PROPERTY MAINTENANCE CODE.
Sec. 30-154. - Property maintenance code.
The 2012 version of the International Property Maintenance Code, three copies of which are on file
in the office of the City Clerk of the City of Elk River, being marked and designated as the
International Property Maintenance Code as published by the International Code Council, Inc., is
adopted as the property maintenance code of the City for the purposes of this Article relative to the
control of buildings and structures as herein provided; and each and all of the regulations,
provisions, penalties, conditions and terms of said property maintenance code are hereby referred to,
adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions,
deletions and changes, if any, prescribed in Section 30-155 of this Division.
Sec. 30-155. - Revisions to the International Property Maintenance Code.
The following Sections of the International Property Maintenance Code are hereby revised:
Section 101.1. Insert: City of Elk River
Section 103.5, Insert: The current year fee schedule adopted by the City Council.
Section 302.4: Insert: 8 inches.
Section 602.3. Insert: October 15 to April 15
Section 602.4. Insert: October 15 to April 15
Sec. 30-156. - Conflict between codes.
Where there is any conflict between the provisions of the International Property Maintenance Code
and any other applicable code or ordinance enforced by or in the City of Elk River, the more
restrictive provisions shall apply.
Secs. 30-157-30-170. - Reserved.
DIVISION 2. – ADMINISTRATION AND ENFORCEMENT
Sec. 30-171. - Authority of Fire Chief; right of entry.
(a) The Fire Chief is hereby authorized and directed to provide for the enforcement of
all provisions of this Article. The Fire Chief shall have the power to render
interpretations of this Article and to adopt procedures as he/she may deem
necessary in order to apply the provisions of this Article. Such interpretations and
procedures shall be in conformity with the intent and purpose of this Article.
(b) Whenever necessary to make an inspection to enforce any of the provisions of this
Article, or whenever the Fire Chief has reasonable cause to believe that there exists
in any building or upon any premises subject to this Article a condition that
constitutes a violation of this Code, including this Article, the Fire Chief, upon notice
to the Owner or Operator, may enter such building or premises at all reasonable
times to inspect the building or premises or to perform any duty unposed upon the
Fire Chief by this Article; provided that if such building or premises is occupied,
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he/she shall first present proper credentials and request entry, and if the building or
premises be unoccupied, he/she shall first make a reasonable effort to locate the
Owner or other person having charge or control of the building or premises and
request entry. The Owner of the premises shall notify Tenants of the time and
purpose of the inspection. The Tenant shall make the premises accessible to the Fire
Chief. If such entry is refused, the Fire Chief shall have recourse to every remedy
provided by law to secure entry. The notice requirements of this Section shall not
apply if the Fire Chief has reasonable cause to believe that a violation of the
requirements of this Article is creating a Major Life/Safety Issue which must be
addressed without delay.
Sec. 30-172. - Appeals.
When a person to whom a compliance order is directed by the Fire Chief alleges that such
compliance order is based upon an erroneous interpretation of this Article or upon a misstatement
or mistake of fact, such person may appeal the order as set forth in Article VI, Division 2,
subdivision II of this Chapter.
Sec. 30-173. - Inspections.
(a) Generally. All buildings or structures within the scope of this Article, and all
construction or work for which a permit is required, shall be subject to inspection
by the building official in accordance with and in the manner provided by this Article
and the Building Code.
(b) Reponse to complaints. The Fire Chief shall respond to Valid Complaints of violations
of this Article. A Valid Complaint may be cause for a complete inspection of a unit
or building. If an inspection is to be made, the Fire Chief shall notify the
Owner/Tenant of the inspection. If there are violations, the Fire Chief shall notify
the Owner/Tenant to correct the problem which prompted the Valid Complaint. An
Owner may request an advisory inspection of a unit.
Sec. 30-174. - Inspection fee.
Inspection fees under this Article shall be as established by resolution. The inspection fee shall
apply to all inspections other than the initial license inspection, to follow up for corrections.
Secs. 30-175-30-190. - Reserved.
DIVISION 3. - RENTAL DWELLING LICENSE AND REQUIREMENTS
Sec. 30-191. License Required.
(a) License. No person, firm, or corporation shall operate a Rental Dwelling unit without
first having obtained a Rental Dwelling License to do so from the City as provided
for in this Article. Each Rental Dwelling License shall be issued annually and expire
one year after its issuance. Rental Dwelling License renewal applications for the
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following year shall be filed on or before thirty (30) days prior to the expiration of
the then current license. Sixty (60) days prior to the expiration of a Rental Dwelling
License, the City shall notify the Operator of the upcoming renewal deadline within
which to file the Rental Dwelling License renewal application.
(b) Exceptions from rental licensing.
(1) Rental property which is licensed as a Nursing Home or Boarding Care home
by the State of Minnesota Department of Health shall be exempt from the
license required under this Article. This exception shall not apply if no services
are provided to the Tenants, or the services are incidental to, or independent of,
the landlord/Tenant relationship. Notwithstanding the licensure requirements
of such facilities, said facilities must register with the City.
(2) State licensed residential facilities. Notwithstanding the licensure
requirements of such facilities, said facilities must register with the City.
(3) A single family dwelling or a dwelling unit in a duplex occupied by the Owner
for a minimum of six (6) consecutive months per calendar year.
(4) A residential property owned by a 'snowbird' where the property is rented to
another person for a period of less than 120 consecutive days while the
Owner is residing out of the State of Minnesota. The Owner must occupy
the property during the remainder of the year.
(5) A single family residential property that has been sold on a contract for deed or
has been sold as "rent to own" so long as the purchaser occupies the property
and the sale document used to memorialize the sale is in the form of a uniform
conveyancing blank or is recorded with the Sherburne County Recorder's office
and a copy is provided to the City upon request.
(6) A single family residential property that is occupied by the Owner and two or
fewer Tenants where the Owner and the Tenants share all living space within
the dwelling.
(7) Single family residential property that is owned by a member of the armed
services who is on active duty and the property is rented to another person
during the time of active duty. The Owner .must provide the City with a
copy of the Owner's military orders upon request, and must occupy the
property when not on active duty as the Owner's primary residence.
Sec. 30-192. - Application for License.
(a) The Owner or the Owner's Agent shall submit a written application for a Rental
Dwelling License on forms provided by the City.
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(b) Prior to issuance or renewal of a Rental Dwelling License, the following information
shall be submitted:
(1) Name, address and phone number of the Owner.
(2) Name, address and phone number of the property manager if
different from the Owner.
(3) Name, address and phone number of the Agent.
(4) The street address and property identification number of the
property.
(5) Description of the number of units and number of bedrooms in each
unit offered for rent.
(6) An acknowledgement that the Owner or Agent has received a copy
of this Ordinance.
(7) A description of the procedure through which Tenant inquiries and
complaints are to be processed.
(8) Certification to the City that there are no delinquent utility fees due
upon the parcel of land to which the Rental Dwelling License
application relates.
(9) A blank copy of any written lease to be used for Tenants including
the following lease addendums:
a. Crime Free/Drug Free Addendum.
b. Lead Free informational materials for pre -197$ properties,
including all information as may be required by Federal law.
Section 30-193. - Agent Required.
Any Owner who does not live in the state shall appoint, on the Rental Dwelling License application,
an Agent residing within fifty (50) miles of the Rental Dwelling upon whom the City may serve
notices pertaining to the licensed Rental Dwelling.
Section 30-194. - Initial License Issuance.
No Rental Dwelling License shall be issued under this Ordinance unless the Rental Dwelling and its
premises conform to the Ordinances of the City and laws of the State. An inspection of the Rental
Dwelling shall be conducted prior to issuance of an initial Rental Dwelling License,
Section 30-195. - Fee.
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To obtain a Rental Dwelling License required by the provisions of this Division, a person shall pay
to the City the fee established by resolution.
Section 30-196. - Renewal of License.
(a) All renewed and new Rental Dwelling Licenses shall be valid for a period of up to one
(1) year.
(b) All Rental Dwelling License renewal applications and required fees shall be submitted
to the City on an annual basis and prior to the issuance of a renewed Rental Dwelling
License.
(c) Information on the Rental Dwelling License renewal form must be updated to
reflect current conditions.
(d) No Rental Dwelling License shall be renewed under this Ordinance unless the Rental
Dwelling and its premises conform to the Ordinances of the City and laws of the
State. An inspection of the Rental Dwelling may be conducted prior to issuance of a
renewed Rental Dwelling License.
Section 30-197. - Transfer of License.
A Rental Dwelling License is nontransferable and shall automatically terminate within thirty (30) days of
closing on the sale of the licensed building unless, within thirty (30) days of said closing, the new Owner
applies for and is granted a Rental Dwelling License for said building in accordance with this Article.
Section 30-198. - Inspections of Rental Dwellings — generally.
(a) New licenses. Upon receipt of a properly executed new application for a Rental
Dwelling License and receipt of the appropriate fee, the Fire Chief shall conduct an
initial inspection of the premises to assure compliance with the City Code.
(b) License renewal. Any Rental Dwelling may be re -inspected after a renewal application
is filed to determine compliance. The Fire Chief, at his/her discretion, may determine
that a renewal inspection of a premise may be deferred based on results of previous
inspections, in conjunction with criteria and processes as established by the Fire Chief
and approved by the City Administrator. Previous inspections must indicate the
premise (1) has not received notice of City Code violations for property maintenance;
(2) meets or exceeds rental compliance criteria; and (3) has not required corrections for
Major Life/Safety Issues.
(c) Additional inspections. The City may inspect any Rental Dwelling if it falls within one
or more of the following criteria:
(1) The Rental Dwelling has been abandoned by the Owner or the Owner
cannot be found.
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(2) Water, gas, or electric services to such Rental Dwelling has been discontinued
as a result of nonpayment for more than thirty (30) continuous days.
(3) The Rental Dwelling is on a parcel of land that is on the County's delinquent
tax list.
(4) The City has probable cause to believe that there exists within such Rental
Dwelling one or more violations of the requirements of this Article.
(5) The Owner has, within the preceding six (6) months, renewed a Rental
Dwelling License after suspension or revocation.
(6) The Rental Dwelling is the subject of a pending notice of the City's intent to
suspend or revoke the Rental Dwelling License.
(7) A Tenant or neighboring property owner files a formal complaint with the
City relative to the condition of the Rental Dwelling or premises.
(d) Access for Inspections.
(1) The Fire Chief shall be authorized to make or cause to be made inspections to
determine the condition of Rental Dwellings and premises in order to safeguard
the health, safety, morals, and welfare of the public.
(2) The Fire Chief shall be authorized to enter any Rental Dwelling or premises at
any reasonable time for the purpose of performing his/her duties under this
Article.
(3) The Owner, Operator, or Tenant of every Rental Dwelling and premises, or
the person in charge thereof, shall give the Fixe Chief free access to such
Rental Dwelling and premises on which it is located at all reasonable times for
the purpose of such inspection, examination, and survey.
(e) Refusal of access for inspection. If the Owner, Operator, person in charge, or Tenant
shall refuse to consent to the inspection, an administrative search warrant may be
obtained:
(1) Where there is probable cause to believe a violation exists within the
particular structure, or
(2) Where a determination has been made to conduct periodic inspections of
certain areas of the City to assure ongoing compliance with this Article
relative to Major Life/Safety Issues.
(f) Emergency Conditions. No administrative search warrant is needed where an
emergency condition exists which endangers persons or property and insufficient
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time is available to obtain the warrant and protect such endangered persons or
property.
(g) Subject to Tenant's Right to Privacy. Entry under this Section is subject to Minnesota
Statutes, Section 50413.211 (Residential Tenant's Right to Privacy) as amended.
(g) Costs of Obtaining' Warrant. If the City finds it necessary to obtain an administrative
search warrant to enter the property for inspection due to the Owner, Operator, person in
charge, or Tenant's lack of cooperation, said person or persons may also be charged with all
costs of obtaining the warrant, including court costs and attorney's fees.
Section 30-199. - License Suspension, Revocation, Denial and Non -Renewal.
(a) Process for consideration of license suspension, revocation, denial or non -renewal.
{1) No action will be taken by the City Council to revoke, suspend, deny, or not
renew a Rental Dwelling License without a public hearing and written notice
of that hearing is sent to the Owner and affected Tenants a minimum of ten
(10) days prior to the hearing.
(2) The City Council shall give due regard to the frequency and seriousness of
the violations, the ease with which such violations could have been cured or
avoided and good faith efforts to comply.
(3) The City Council shall issue a decision to revoke, suspend, deny or not renew
a Rental Dwelling License only upon written findings.
(4) . Upon a decision to revoke, suspend, deny or not renew a license, no new
application for the same facility will be accepted for a period of time specified
in the City Council's written decision, not exceeding one (1) year. Such new
applications shall be accompanied by a reinstatement fee as required by this
Article..
(5) The City Council may suspend, revoke, deny or not renew a license for part
or all of a facility.
(6) A written decision to revoke, suspend, deny or not renew a Rental Dwelling
License or application for part of a facility shall specify the part or parts of the
facility to which it applies. Thereafter, and until a Rental Dwelling License is
reissued or reinstated, no Rental Dwellings becoming vacant in such part or
parts of the facility may be re -let or occupied.
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a. Revocation, suspension, denial or non -renewal of a Rental Dwelling
License shall not excuse the Owner from compliance with all terms
of this Article for as long as any units in the facility are occupied.
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b. Failure to comply with all terms of this Article during the term of
revocation, suspension,denial or non-renewal is a misdemeanor and
grounds for extension of the term of such revocation or suspension or
continuation of non-renewal,or for a decision not to reinstate the
license,notwithstanding any limitations on the period of suspension,
revocation,denial or non-renewal specified in the City Council's
written decision.
(b) Suspension.
1. The City Council may suspend a Rental Dwelling License under the following
circumstances:
a. Failure to correct deficiencies noted in notices of violation within the
time specified in the notice.
b. Failure to pay any Rental Dwelling License,inspection or
reinstatement fee required by this Article.
C. Any other violation of the Building Code or the property maintenance,
zoning,environmental or utility chapters of the City Code.
d. Any specific provisions of the City Ordinances that include
suspension as a remedy (i.e. nuisance calls, etc.).
2. Additional standards related to suspension of a Rental Dwelling License:
a. A reinstatement fee as established by the City Council shall be paid
prior to reinstatement of a Rental Dwelling License that has been
suspended.
b. In addition to the reinstatement fee, the City may issue a citation for
the applicable violations.
C. While under suspension, the Owner cannot lease the affected unit
and/or facility to a new Tenant.
d. The suspension shall be for a period of up to six (6) months unless
otherwise regulated by this Article.
(c) Revocation.
1. The City Council may revoke a Rental Dwelling License under the following
circumstances:
a. When an Owner has not complied with reinstatement criteria.
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b. When it is found that an Owner has given false statements on any
application or other information or report required by this Article to
be given by the applicant or Owner.
C. When it has been determined through an inspection that Major
Life/Safety Issues exist on the property.
d. When the Owner or Agent has been convicted of a crime related to
the type of business licensed and failure to show,by competent
evidence,rehabilitation and present fitness to perform the duties of
the business.
e. Operating or allowing the rental property to be used in such a
manner as to constitute a breach of the peace, a menace to health,
safety, and welfare of the public or a disturbance of the peace or
comfort of the residents of the City,upon recommendation by the
Police Chief.
f. Failure to schedule and/or allow rental or building inspections of the
licensed premises, for the purpose of ensuring compliance with
Rental Dwelling License requirements, City Code requirements, State
building codes, or other applicable State or Federal law.
g. Real estate or personal property taxes on the business have become
delinquent and the Owner and the applicant are the same person or
entity, or have any common ownership where they are a different
person or entity.
h. Failure to actively pursue the eviction of Tenants who have violated
the provisions of the Crime Free Lease Addendum.
i. Any specific provisions of the City Ordinances that include
revocation as a remedy (i.e. nuisance calls, etc.).
j. Other good cause as determined by the City Council.
2. Additional standards related to revocation of a Rental Dwelling License:
a. A reinstatement fee as established by the City Council shall be paid
prior to reinstatement of a Rental Dwelling License that has been
revoked.
b. In addition to the reinstatement fee, the City may issue a citation for
the applicable violations.
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C. While under revocation, the Owner cannot extend the lease of an
existing Tenant and cannot lease the affected unit to a new Tenant.
d. The revocation shall be for a period of up to one (1) year.
Section 30-200. - Display of License; Fees.
Rental Dwelling Licenses issued under this Article must be conspicuously posted in a frame with a
transparent cover in a public corridor or front entrance of Rental Dwellings with four or more units.
All Owners must produce a copy of the Rental Dwelling License upon demand of a prospective
Tenant or City official.
(a) License Fees.
(1) Fees Established and Due Date. Rental Dwelling License fees and
reinstatement fees shall be set by the City Council and shall be due with
submission of a new or renewal application.
(2) Filing Due Date and Penalty. If a renewal application is made less than
thirty (30) days before the beginning date of the renewal license period
applied for, then the fee shall be accompanied by an additional amount equal
to one hundred percent (100%) of such license fee. The additional amount
shall be a penalty for a late application. In no case shall there be a lapse in
the Rental Dwelling License period.
(b) Reinspection Fees.
(1) An initial inspection shall be required at the time of application, the cost of
which shall be included in the Rental Dwelling License application fee. Any
re -inspections to verify compliance with a previously noted violation will be
conducted at no charge if all violations have been remedied. If violations
remain; inspections are necessitated by a valid complaint; or subsequent re -
inspections are necessitated as a result of a previous unsatisfactory
inspection, a fee, as set by the City Council, may be charged.
(2) The reinspection fee shall be billed directly to the Owner. Reinspection fees
shall be increased by fifty percent (50%) to cover administrative costs if not
paid within thirty (30) days after initial billing.
(3) The City Administrator, with the recommendation of the Fire Chief, shall
have the authority and discretion to waive re -inspection fees.
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Section 30-201. - Conversion of a Single -Family Residential Property From Owner -
Occupied to Rental.
Conversion Fee. A one-time fee, in addition to the annual Rental Dwelling License fee, will
be charged for a single family dwelling or single family attached dwelling (townhouse) that is
converted from owner -occupied to rental property.
Section 30-202. - Reserved.
Section 30-203. - Trash Removal for Rental Properties.
(a) Rental properties must have regularly scheduled recycling and trash pick-up.
(b) If the trash and/or recycling has not been removed within seven (7) days of the normally
scheduled pick-up, the trash may be removed by the City under emergency abatement
procedures.
(c) If the lack of trash and/or recycling removal becomes a recurring problem, refuse
service will be authorized by the City and will be assessed on the property's utility bill.
Section 30-204. - No Retaliation.
No Owner shall evict, threaten to evict, or take any other punitive action against any Tenant who, by
reason of good faith, calls City officials related to public safety or property maintenance concerns. This
Section shall not prohibit the eviction of Tenants from a Rental Dwelling for unlawful conduct of a
Tenant or invitee for violations of any rules, regulations, or lease terms other than a prohibition against
contacting City officials.
Section 30-205. - Summary Action.
When the conduct of any Owner or their Agent, representative, employee or Tenant or the
condition of their Rental Dwelling is detrimental to the public health, safety and general welfare as
to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an
emergency, the City shall have the authority to summarily condemn or post for no occupancy such
area of the Rental Dwelling.
Section 30-206. Severability Clause.
If any Section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of this Article.
Section 30-207. Violations and Penalties.
Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction
shall be subject to the penalties as set forth in Minnesota Statutes.
Sections 30-208 through 30-220. - Reserved.
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SECTION 2. The language and content of the current Chapter 30, Article III, Divisions 4 is hereby
moved to Chapter 30, Article II, Division 3, of the Elk River City Code.
SECTION 3. The language and content of the current Chapter 30, Article III, Divisions 5 is hereby
moved to Chapter 30, Article II, Division 4, of the Elk River City Code.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk r this 6thof June, 2016.
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ATTEST:
Tina Allard, City Clerk
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R
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A_02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/11/2016 and the last
insertion being on 06/11/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: C(I
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/1112016 by Charlene Vold.
Notary Public
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DARLENE MARIE MACPHERSQN
Notary Public -Minnesota
...p� My Commisslon ExpiiresJan 31, tats
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Ad ID 560303
CITY OF ELK RIVER
RESOLUTION 16-33
A Resolution of the City of Elk
River Approving Notice of Summa-
ry Publication of Ordinance #16-12,
An Ordinance Repealing Chapter
30, Article IIP, Divisions 1, 1A, 2,
and 3 and Replacing it with a New
Ordinance Regarding Residential
Rental Property Standards, and
moving Chapter 30, Article III, Divi-
sions 4 and 5 to Chapter 30, Article
II as Divisions 3 and 4, respectively,
the City of Elk River, Minnesota,
City Code
WHEREAS, on June 6, 2016,
the Elk River City Council adopted
Ordinance 16-12, which repealed
Chapter 30, Article III, Divisions 1,
1A, 2, and 3, replacing it with a New
Ordinance Regarding Residential
Rental Property Standards, and
Moving Chapter 30, Article III, Divi-
sions 4 and 5 to Chapter 30, Article
II as Divisions 3 and 4, respectively.
The Residential Rental Proper-
ties Standards Ordinance estab-
lishes that the operation of residen-
tial rental properties is a business
enterprise that gives rise to certain
responsibilities. Operators are re-
sponsible to take reasonable steps,
as may be necessary, to assure that
the citizens of the City who occupy
such units, and those residing near
such units, may pursue the quiet
enjoyment of the normal activities
of life in surroundings that are:
(a) Safe, secure and sanitary;
(b) Free from crimes and criminal
activity, noise, nuisances or annoy-
ances; and
(c) Free from reasonable fears
about safety of persons and secu-
rity of property.
Further, it is the intent of this Ar-
ticle to regulate and provide for the
inspections of Rental Dwellings to
assure that such housing does not
become a nuisance or blight to the
neighborhood and does not create
a disincentive to investment in the
community.
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway NW, during
regular business hours.
Passed and adopted this 6th
day of June 2016_
John J. Dietz, Mayor
ATTEST: Tina Allard, City Clerk
Published in the
Star News
June 11, 2016
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